LexSTATE OF KERALA versus M. T. JOSEPH
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A B c D E F G H 178 STATE OF KERALA v. M. T. JOSEPH November 25, 1976 [A. N. RAY, C.J., M. H. BEG AND JASWANT SINGH, JJ.] Kera/a Land Reforms Act J 963-Kerala Government Land Assig11111wt Act 1960-Sec. 8--Whether after a person acquires title '" Government land any further restrictfons can be imposed. The Government of Travancore sanctioned a scheme for the reclamation of the Yimbana Lake upon terms and conditions contained in a document dated 4-10-1963. The document provided that one Joseph his father on payment of Rs. 10 /- per acre which was to be recovered in 10 equal i'llSlalments would be given possession of ce11ain tracts of land which they undertook to reclaim. The said agreement was modified by an order dated 12-2-1941 and a fresh agreement was executed in July 1941. The said agreement provided that till the remittances of all amounts clue to the Government by way of land value are paid the exe- cutant shall have no right of alienation in respect of the property in question and that till then the property shall remain with the Government as sole owner. lt further provided that, until the entire land value is paid by the executan~ and until the assignment of the land and issue of Patta is completed, the excutant undertook not to do any act which might reduce the value of the property. Joseph complied with the conditions laid down in the agreement and ac- quired full ownership rights by fulfilling the said terms. br 1957, Joseph executed a deed of settlement of this land. Thereafter Kerala Land Reforms Act of 1963 was passed so that the State Land Bo;ird started pro:eedings for the surrender of the land. The question before the I.and Board was whether the whole land should be treated as a single unit belonging to Joseph or whether it may be divided and treated as separate units of persons in whose favour Joseph made the settlement. If the children of Joseph had acquired rights under the settlement each of them could be treated as entitled to com- pem:ation for a separate unit. The State relied on section 8 of the Kcrala Government Land Assignment Act 1960 which provides that all provisions, restrictions conditions and limitations contained in any Patta or other document evidencing an assignment of Government land shall be valid and take effect according to their tenure, any rule of law or usage to the contrary notwith- standing. Dismissing the appeal, HELD: The terms in the 1941 agreement operated as a restraint: upon the alientation of the rights only so long as all the amounts due to the Government by way of land revenue were not paid up. Since, in the present case the entire amount had been paid by 10 yearly instalments before the year 1957 and since the Government had effected the mutation in its record acting upoH the r-cttlement of 1957 in favour of the children of Jo~cph, it could not be said that there was any patta or other documents containing any condi- tion to which section 8 of the Act applied. The children derived rights under the deed. of settlement and therefore, each of them is entitled to compe>nsation for a scpara~c unit. [180 C-E] CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 587-696 & 598-600 of 1976. (Appeals by Special Leave from the Judgment and order dated 13th of July 1975 of the Kerala High Court in CRP Nos. 1188, 1227, 1250, 1272, 1278, 1279, 1284-1287, 1309, 1312 and 1386/73). -KERALA V. M. T. JOSEPH (Beg, J.) 179 M. M. Abdul Khader., Adv.. Genl. and K. M. K. Nair, for the Ap- ll_)ellan ts. T. S. Krislmamoorthy Iyer and P. K. Pilldi, for RR. excepting R. 8 in CA 587 /76. The Judgment of the Court was delivered by BEG, J.-These appeals by special leave raise the question whether .the Kerala High Court had correctly interpreted and applied Section S .of the Kerala Govt. Land Assignment Act, 1960 (hereinafter referred .to as 'the Act') to the cases before us. This provision reads as follows : "8. All provisions, restrictions, conditions and limitations over, contained in any Patta or other document evidencing an assignment of Government land shall be valid and take effect according to their tenor, any rule of law of usage to the contrary notwithstanding"'. The facts upon which the provision was sought to be applied are these: On 23 October, 1939, the Government of Travancore sanc- tioned a scheme for the reclamation of the Vimbana Lake upon terrns and conditions which were set forth
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